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Firing

COBRA claim for employee who didn’t sign up for health insurance?

04/25/2008

Q. We offer insurance benefits that begin three months after hire. Due to changing business conditions, we had to terminate an employee after only six months on the job. It seems that the worker wasn’t signed up for the health plan on his termination date. Does he now have any claim to COBRA? …

Which day is best to fire, hire or give reviews?

04/24/2008
A study by consulting firm Challenger, Gray & Christmas reports that Mondays are the best days to terminate employees because it allows them to start looking for a job right away. Make job offers on Thursdays because candidates need time to think …

Treat all harassers equally, regardless of their sex

04/23/2008
In what may be a sign of growing equality, more men are complaining about sexual harassment by their female co-workers and supervisors. Although female harassers may still be in the minority, that’s no reason to dismiss claims that men make …

For some employees, banking law trumps state protections

04/23/2008
Banks chartered under the National Bank Act (NBA) don’t have to worry that some of their employment decisions will violate state wrongful-discharge laws. That’s because the NBA says all bank officers serve at the pleasure of a bank board of directors, which can terminate officers as they see fit …

Appeals court dumps whistle-Blower’s claim

04/23/2008
A three-judge panel of the 4th Circuit Court of Appeals rejected a whistle-blower claim by Mark Livingston, former training director at the Sanford vaccine plant of pharmaceuticals giant Wyeth Inc. The company fired Livingston in December 2002 …

Must we explain reason for termination?

04/23/2008
Q. We are about to terminate an employee for several reasons. Are we required to provide a written document explaining the reasons for her termination? …

Termination and unemployment comp

04/23/2008
Q. We have terminated a poorly performing employee and she has applied for unemployment benefits. Since she was terminated, is she entitled to benefits? …

Good faith is the key to litigation-Proof employment decisions

04/22/2008
Employment decisions don’t have to be perfect—they just have to be based on good faith. That’s good news, because it’s a fact that supervisors and managers will make mistakes. What that means: Just because an employee can prove management did something wrong doesn’t guarantee she will win a lawsuit …

Good faith is the key to litigation-Proof employment decisions

04/21/2008
Employment decisions don’t have to be perfect—they just have to be based on good faith. That’s good news because it’s a fact that supervisors and managers will make mistakes. What that means: Just because an employee can prove management did something wrong doesn’t guarantee she will win a lawsuit …

How to respond when employees’ creditors come calling

04/21/2008

Record numbers of bankruptcies and foreclosures have been making news for years. However, a quieter phenomenon—one fraught with traps for unwary employers—is a concurrent and growing trend of court-ordered or government-issued wage garnishments. Here’s practical advice on what to do when someone wants a piece of your employee’s paycheck.